Am I entitled to see a copy of search warrant in a no knock raid at my home? 5 Answers as of June 17, 2011

I still have not seen a copy of the search warrant from the raid at my house. They say it is sealed. Is this legal in a case where it is based on a controlled buy to a confidential informant? Also, is it legal for them to give me a copy of my discovery that has been changed and has false information including the police saying they knocked and they did not?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
There is a provision to seal a warrant to prevent you from seeing the Informant or other information re the investigation especially if it relates to another pending prosecution. You probably need counsel.
Answer Applies to: California
Replied: 6/17/2011
Law Offices of Scott Tibbedeaux
Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
There is no state statutory or constitutional rule that requires the searching officer or officers have to leave a copy at the scene after the search. (People v. Calabrese (2002) Cal.App.4th79.) Only a copy of the receipt and inventory or return must be left with the occupants or at the scene (P.C. 1535.) When warrant affidavits may be sealed: The warrant affidavits may be sealed when necessary to protect the identity of a confidential informant either because his or her safety may be jeopardized and/or the individual is being used in other investigations that might be compromised if it is known who the person is. (United States v. Napier (9th Cir. 2006) 436 F.3rd1133.) The officer can show the warrant that is signed by the judge without showing the warrant affidavit itself. In regards to discovery, a motion to suppress based on a defective search warrant could be filed.
Answer Applies to: California
Replied: 6/17/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Whether these things are legal or not will be answered by the judge as a result of appropriate motions in your case. Your version of the facts and events being different from the police does not prove theirs is false, it merely is the argument you will be making your word versus how many of them? Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 6/17/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
Yes, you certainly are. For more information, please see my website.
Answer Applies to: California
Replied: 6/17/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
The search warrant itself is public record and in fact they usually leave a copy at the time of the search. The affidavit in support of the warrant usually remains sealed until a criminal prosecution begins. A judge issues a warrant based on a finding of probable cause which can be based on a variety of factual situations inc. the use of an informant in various ways. If they lied to get it or the affidavit is lacking in probable cause that is matter to litigate when and if charges are brought.
Answer Applies to: California
Replied: 6/17/2011
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